Status Report

H.R. 3070: The National Aeronautics and Space Administration Authorization Act of 2005 – text as Introduced in the House

By SpaceRef Editor

June 28, 2005

Filed under NASA Watch, U.S. House of Representatives, US

H.R.3070

National Aeronautics and Space Administration Authorization Act of 2005 (Introduced in House)

HR 3070 IH

109th CONGRESS

1st Session

H. R. 3070

To reauthorize the human space flight, aeronautics, and science programs of the National Aeronautics and Space Administration, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 27, 2005

Mr. CALVERT (for himself and Mr. BOEHLERT) introduced the following bill; which was referred to the Committee on Science

A BILL

To reauthorize the human space flight, aeronautics, and science programs of the National Aeronautics and Space Administration, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `National Aeronautics and Space Administration Authorization Act of 2005′.

SEC. 2. FINDINGS.

The Congress finds that–

(1) on January 14, 2004, the President unveiled the Vision for Space Exploration to guide United States policy on human space exploration;

(2) the National Aeronautics and Space Administration should continue to support robust programs in space science, aeronautics, and earth science as it moves forward with plans to send Americans to the Moon, Mars, and worlds beyond; and

(3) the National Aeronautics and Space Administration’s programs can advance the frontiers of science, expanding understanding of our planet and of the universe, and contribute to American prosperity.

SEC. 3. DEFINITIONS.

For the purposes of this Act–

(1) the term `Administration’ means the National Aeronautics and Space Administration; and

(2) the term `Administrator’ means the Administrator of the National Aeronautics and Space Administration.

SEC. 4. RESPONSIBILITIES, POLICIES, AND PLANS.

(a) General Responsibilities-

(1) PROGRAMS- The Administrator shall ensure that the Administration carries out a balanced set of programs that shall include, at a minimum, programs in–

(A) human space flight, in accordance with subsection (b);

(B) aeronautics research and development; and

(i) robotic missions to study planets, and to deepen understanding of astronomy, astrophysics, and other areas of science that can be productively studied from space;

(ii) earth science research and research on the Sun-Earth connection through the development and operation of research satellites and other means; and

(iii) support of university research in space science and earth science.

(2) CONSULTATION AND COORDINATION- In carrying out the programs of the Administration, the Administrator shall–

(A) consult and coordinate to the extent appropriate with other relevant Federal agencies, including through the National Science and Technology Council;

(B) work closely with the private sector, including by–

(i) encouraging the work of entrepreneurs who are seeking to develop new means to send satellites, crew, or cargo to outer space;

(ii) contracting with the private sector for crew and cargo services to the extent practicable; and

(iii) using commercially available products (including software) and services to the extent practicable to support all Administration activities; and

(b) Vision for Space Exploration-

(1) GOALS- The Administrator shall manage human space flight programs so as to achieve the following goals:

(A) Returning Americans to the Moon no later than 2020.

(B) Launching the Crew Exploration Vehicle as close to 2010 as possible.

(C) Increasing knowledge of the impacts of long duration stays in space on the human body using the most appropriate facilities available.

(D) Enabling humans to land on and return from Mars and other destinations on a timetable that is technically and fiscally possible.

(2) SPACE SHUTTLE- The Space Shuttle shall not be launched after December 31, 2010.

(1) IN GENERAL- The President of the United States, through the Administrator, and in consultation with other Federal agencies, shall develop a national aeronautics policy to guide the aeronautics programs of the Administration through 2020.

(2) CONTENT- At a minimum, the national aeronautics policy shall describe for the Administration–

(A) the priority areas of research for aeronautics through fiscal year 2011;

(B) the basis on which and the process by which priorities for ensuing fiscal years will be selected;

(D) the budget assumptions on which the national aeronautics policy is based.

(3) CONSIDERATIONS- In developing the national aeronautics policy, the President shall consider the following issues, which shall be discussed in the transmittal under paragraph (5):

(A) The extent to which the Administration should focus on long-term, high-risk research or more incremental research, and the expected impact on the United States aircraft and airline industries of that decision.

(B) The extent to which the Administration should address military and commercial needs.

(D) The extent to which the Administration will fund university research, and the expected impact of that funding on the supply of United States workers for the aeronautics industry.

(4) CONSULTATION- In the development of the national aeronautics policy, the Administrator shall consult widely with academic and industry experts and with other Federal agencies. The Administrator may enter into an arrangement with the National Academy of Sciences to help develop the national aeronautics policy.

(5) SCHEDULE- The Administrator shall transmit the national aeronautics policy to the Committee on Appropriations and the Committee on Science of the House of Representatives, and to the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate, not later than the date on which the President submits the proposed budget for the Federal Government for fiscal year 2007 to the Congress. The Administrator shall make available to those committees any study done by a nongovernmental entity that was used in the development of the national aeronautics policy.

(d) Science-

(1) IN GENERAL- The Administrator shall develop a policy to guide the science programs of the Administration through 2020.

(2) CONTENT- At a minimum, the policy shall describe–

(A) the missions the Administration will initiate, design, develop, launch, or operate in space science and earth science through fiscal year 2011, including launch dates;

(B) a priority ranking of all of the missions listed under subparagraph (A), and the rationale for the ranking;

(D) the facilities and personnel needed to carry out the science policy through fiscal year 2011.

(3) CONSIDERATIONS- In developing the science policy under this subsection, the Administrator shall consider the following issues, which shall be discussed in the transmittal under paragraph (6):

(A) What the most important scientific questions in space science and earth science are.

(B) The relationship between the Administration’s space and earth science activities and those of other Federal agencies.

(4) CONSULTATION- In developing the policy under this subsection, the Administrator shall draw on decadal surveys and other reports in planetary science, astronomy, solar and space physics, earth science, and any other relevant fields developed by the National Academy of Sciences. The Administrator shall also consult widely with academic and industry experts and with other Federal agencies.

(5) HUBBLE SPACE TELESCOPE- The policy developed under this subsection shall address plans for a human mission to repair the Hubble Space Telescope.

(6) SCHEDULE- The Administrator shall transmit the policy developed under this subsection to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than the date on which the President submits the proposed budget for the Federal Government for fiscal year 2007 to the Congress. The Administrator shall make available to those committees any study done by a nongovernmental entity that was used in the development of the policy.

(e) Facilities-

(1) IN GENERAL- The Administrator shall develop a plan for managing the Administration’s facilities through fiscal year 2015. The plan shall be consistent with the policies and plans developed pursuant to this section.

(2) CONTENT- At a minimum, the plan shall describe–

(A) any new facilities the Administration intends to acquire, whether through construction, purchase, or lease, and the expected dates for doing so;

(B) any facilities the Administration intends to significantly modify, and the expected dates for doing so;

(D) any transaction the Administration intends to conduct to sell, lease, or otherwise transfer the ownership of a facility, and the expected dates for doing so;

(E) how each of the actions described in subparagraphs (A), (B), (C), and (D) will enhance the ability of the Administration to carry out its programs;

(F) the expected costs or savings expected from each of the actions described in subparagraphs (A), (B), (C), and (D);

(G) the priority order of the actions described in subparagraphs (A), (B), (C), and (D);

(H) the budget assumptions of the plan; and

(I) how facilities were evaluated in developing the plan.

(3) SCHEDULE- The Administrator shall transmit the plan developed under this subsection to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than the date on which the President submits the proposed budget for the Federal Government for fiscal year 2008 to the Congress.

(f) Workforce-

(1) IN GENERAL- The Administrator shall develop a human capital strategy to ensure that the Administration has a workforce of the appropriate size and with the appropriate skills to carry out the programs of the Administration, consistent with the policies and plans developed pursuant to this section. The strategy shall cover the period through fiscal year 2011.

(2) CONTENT- The strategy shall describe, at a minimum–

(A) any categories of employees the Administration intends to reduce, the expected size and timing of those reductions, the methods the Administration intends to use to make the reductions, and the reasons the Administration no longer needs those employees;

(B) any categories of employees the Administration intends to increase, the expected size and timing of those increases, the methods the Administration intends to use to recruit the additional employees, and the reasons the Administration needs those employees; and

(C) the budget assumptions of the strategy, and any expected additional costs or savings from the strategy by fiscal year.

(3) SCHEDULE- The Administrator shall transmit the strategy developed under this subsection to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than the date on which the President submits the proposed budget for the Federal Government for fiscal year 2007 to the Congress.

(4) LIMITATION- The Administration may not initiate any buyout offer or Reduction in Force until 60 days after the strategy required by this subsection has been transmitted to the Congress in accordance with paragraph (3).

(g) Center Management-

(1) IN GENERAL- The Administrator shall conduct a study to determine whether any of the Administration’s centers should be operated by or with the private sector by converting a center to a Federally Funded Research and Development Center or through any other mechanism.

(2) CONTENT- The study shall, at a minimum–

(A) make a recommendation for the operation of each center and provide reasons for that recommendation; and

(B) describe the advantages and disadvantages of each mode of operation considered in the study.

(3) CONSIDERATIONS- In conducting the study, the Administrator shall take into consideration the experiences of other relevant Federal agencies in operating laboratories and centers and any reports that have reviewed the mode of operation of those laboratories and centers, as well as any reports that have reviewed the Administration’s centers.

(4) SCHEDULE- The Administrator shall transmit the study conducted under this subsection to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than May 31, 2006.

(h) Budgets- The proposed budget for the Administration submitted by the President for each fiscal year shall be accompanied by documents showing–

(1) the budget for each element of the human space flight program;

(2) the budget for aeronautics;

(3) the budget for space science;

(4) the budget for earth science;

(5) the Corporate and Center General and Administrative expenses and Service Pool costs for each center and for headquarters, and for each directorate;

(6) the budget for the Integrated Financial Management Program, by individual element;

(7) the budget for the Independent Technical Authority, both total and by center;

(8) the budget for public relations, by program;

(9) the comparable figures for at least the 2 previous fiscal years for each item in the proposed budget; and

(10) the amount of unobligated funds and unexpended funds, by appropriations account, that will be carried over into the year for which the budget is being presented, and the estimated amount of unobligated funds and unexpended funds that will remain at the end of the year for which the budget is being presented.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Administration for fiscal year 2006 $16,471,050,000.

SEC. 6. REPORTS.

(a) Immediate Issues- Not later than September 30, 2005, the Administrator shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on each of the following items:

(1) The research agenda for the International Space Station and its proposed final configuration.

(2) The number of flights the Space Shuttle will make before its retirement, the purpose of those flights, and the expected date of the final flight.

(3) A description of the means, other than the Space Shuttle, that may be used to ferry crew and cargo to the International Space Station.

(4) A plan for the operation of the International Space Station in the event that the Iran Nonproliferation Act of 2000 is not amended.

(5) A description of the launch vehicle for the Crew Exploration Vehicle.

(6) A description of any heavy lift vehicle the Administration intends to develop, the intended uses of that vehicle, and whether the decision to develop that vehicle has undergone an interagency review.

(7) A description of the intended purpose of lunar missions and the architecture for those missions.

(8) The program goals for Project Prometheus.

(9) A plan for managing the cost increase for the James Webb Space Telescope.

(b) Crew Exploration Vehicle- The Administrator shall not enter into a development contract for the Crew Exploration Vehicle until at least 30 days after the Administrator has transmitted to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing–

(1) the expected cost of the Crew Exploration Vehicle through fiscal year 2020, based on the specifications of that development contract; and

(2) the expected budgets for each fiscal year through fiscal year 2020 for human space exploration, aeronautics, space science, and earth science–

(A) first assuming inflationary growth for the budget of the Administration as a whole and including costs for the Crew Exploration Vehicle as projected under paragraph (1); and

(B) then assuming inflationary growth for the budget of the Administration as a whole and including at least two cost estimates for the Crew Exploration Vehicle that are higher than those projected under paragraph (1), based on the Administration’s past experience with cost increases for similar programs, along with a description of the reasons for selecting the cost estimates used for the calculations under this subparagraph and the probability that the cost of the Crew Exploration Vehicle will reach those estimated amounts.

(c) Space Communications- Not later than February 15, 2007, the Administrator shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for updating the space communications and navigation architecture for both low Earth orbit and deep space exploration so that it is capable of handling the activities described pursuant to section 4(b) and (d). The plan shall include life-cycle cost estimates, milestones, estimated performance capabilities, and 5-year funding profiles. The Administrator shall consult with other relevant Federal agencies in developing the plan under this subsection and shall include in the plan an estimate of the amount of any reimbursements the Administration is likely to receive from other Federal agencies during the expected life of the upgrades described in the plan.

(d) Public Relations- The Administration shall not initiate the national awareness campaign required by the report of the Committee on Appropriations of the House of Representatives accompanying the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 until 30 days after the Administrator has transmitted a report to the Committee on Appropriations and the Committee on Science of the House of Representatives, and to the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate, describing the activities that will be undertaken as part of the awareness campaign and their expected cost.

(e) Joint Dark Energy Mission- The Administrator and the Director of the Department of Energy Office of Science shall jointly transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than the date on which the President submits the proposed budget for the Federal Government for fiscal year 2007, a report on plans for a Joint Dark Energy Mission. The report shall include the amount of funds each agency intends to expend on the Joint Dark Energy Mission for each of the fiscal years 2007 through 2011, and specific milestones for the development and launch of the Mission.

(f) Shuttle Employee Transition- The Administrator shall consult with other appropriate Federal agencies and with Administration contractors and employees to develop a transition plan for Federal and contractor personnel engaged in the Space Shuttle program. The plan shall include actions to assist Federal and contractor personnel to take advantage of training, retraining, job placement, and relocation programs, and any other actions that the Administration will take to assist the employees. The Administrator shall transmit the plan to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 90 days after the date of enactment of this Act.

(g) Office of Science and Technology Policy-

(1) STUDY- The Director of the Office of Science and Technology Policy shall conduct a study to determine–

(A) if any research and development programs of the Administration are unnecessarily duplicating aspects of programs of other Federal agencies; and

(B) if any research and development programs of the Administration are neglecting any topics of national interest that are related to the mission of the Administration.

(2) REPORT- Not later than March 1, 2006, the Director of the Office of Science and Technology Policy shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that–

(A) describes the results of the study under paragraph (1);

(B) recommends any changes to the research and development programs of the Administration that should be made to eliminate unnecessary duplication or address topics of national interest; and

(C) describes mechanisms the Office of Science and Technology Policy will use to ensure adequate coordination between the Administration and Federal agencies that operate related programs.

SEC. 7. BASELINES AND COST CONTROLS.

(a) Conditions for Development-

(1) IN GENERAL- The Administration shall not enter into a contract for the development phase of a major program unless the Administrator determines that–

(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks; and

(B) the program complies with all relevant policies, regulations, and directives of the Administration.

(2) REPORT- The Administrator shall transmit a report describing the basis for the determination required under paragraph (1) to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate at least 30 days before entering into a contract for development under a major program.

(3) NONDELEGATION- The Administrator may not delegate the determination requirement under this subsection.

(b) Major Program Annual Reports-

(1) REQUIREMENT- Not later than February 15 of each year following the date of enactment of this Act, the Administrator shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on each major program for which the Administration proposes to expend funds in the subsequent fiscal year. Reports under this section shall be known as Major Program Annual Reports.

(2) BASELINE REPORT- The first Major Program Annual Report for each major program shall include a Baseline Report that shall, at a minimum, include–

(A) the purposes of the program and key technical characteristics necessary to fulfill those purposes;

(B) an estimate of the life-cycle cost for the program, with a detailed breakout of the development cost and an estimate of the annual costs until the development is completed;

(D) the name of the person responsible for making notifications under subsection (c), who shall be an individual whose primary responsibility is overseeing the program.

(3) INFORMATION UPDATES- For major programs with respect to which a Baseline Report has been previously submitted, each subsequent Major Program Annual Report shall describe any changes to the information that had been provided in the Baseline Report, and the reasons for those changes.

(1) REQUIREMENT- The individual identified under subsection (b)(2)(D) shall immediately notify the Administrator any time that individual has reasonable cause to believe that, for the major program for which he or she is responsible–

(A) the development cost of the program is likely to exceed the estimate provided in the Baseline Report of the program by 15 percent or more; or

(B) a milestone of the program is likely to be delayed by 6 months or more from the date provided for it in the Baseline Report of the program.

(2) REASONS- Not later than 7 days after the notification required under paragraph (1), the individual identified under subsection (b)(2)(D) shall transmit to the Administrator a written notification explaining the reasons for the change in the cost or milestone of the program for which notification was provided under paragraph (1).

(3) NOTIFICATION OF CONGRESS- Not later than 5 days after the Administrator receives a written notification under paragraph (2), the Administrator shall transmit the notification to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(d) Fifteen Percent Threshold- Not later than 30 days after receiving a written notification under subsection (c)(2), the Administrator shall determine whether the development cost of the program is likely to exceed the estimate provided in the Baseline Report of the program by 15 percent or more, or whether a milestone is likely to be delayed by 6 months or more. If the determination is affirmative, the Administrator shall–

(1) transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 14 days after making the determination, a report that includes–

(A) a description of the increase in cost or delay in schedule and a detailed explanation for the increase or delay;

(B) a description of actions taken or proposed to be taken in response to the cost increase or delay; and

(C) a description of any impacts the cost increase or schedule delay will have on any other program within the Administration; and

(2) if the Administrator intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum–

(A) the projected cost and schedule for completing the program if current requirements of the program are not modified;

(B) the projected cost and the schedule for completing the program after instituting the actions described under paragraph (1)(B); and

The Administration shall complete an analysis initiated under paragraph (2) not later than 6 months after the Administrator makes a determination under this subsection. The Administrator shall transmit the analysis to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate not later than 30 days after its completion.

(e) Thirty Percent Threshold- If the Administrator determines under subsection (d) that the development cost of a program will exceed the estimate provided in the Baseline Report of the program by more than the lower of 30 percent or $1,000,000,000, then, beginning 1 year after the date the Administrator transmits a report under subsection (d)(1), the Administrator shall not expend any additional funds on the program, other than termination costs, unless the Congress has subsequently authorized continuation of the program by law. If the program is continued, the Administrator shall submit a new Baseline Report for the program no later than 90 days after the date of enactment of the Act under which Congress has authorized continuation of the program.

(f) Definitions- For the purposes of this section–

(1) the term `development’ means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, as defined in the Administration’s Procedural Requirements 7120.5c, dated March 22, 2005;

(2) the term `development cost’ means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program;

(3) the term `life-cycle cost’ means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control; and

(4) the term `major program’ means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $100,000,000.

SEC. 8. PRIZE AUTHORITY.

The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451, et seq.) is amended by inserting after section 313 the following new section:

`PRIZE AUTHORITY

`SEC. 314. (a) In General- The Administration may carry out a program to competitively award cash prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of the space and aeronautical activities of the Administration. The Administration may carry out a program to award prizes only in conformity with this section.

`(b) Topics- In selecting topics for prize competitions, the Administrator shall consult widely both within and outside the Federal Government, and may empanel advisory committees.

`(c) Advertising- The Administrator shall widely advertise prize competitions to encourage participation.

`(d) Requirements and Registration- For each prize competition, the Administrator shall publish a notice in the Federal Register announcing the subject of the competition, the rules for being eligible to participate in the competition, the amount of the prize, and the basis on which a winner will be selected.

`(e) Eligibility- To be eligible to win a prize under this section, an individual or entity–

`(1) shall have registered to participate in the competition pursuant to any rules promulgated by the Administrator under subsection (d);

`(2) shall have complied with all the requirements under this section;

`(3) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States; and

`(4) shall not be a Federal entity or Federal employee acting within the scope of their employment.

`(f) Liability- (1) Registered participants must agree to assume any and all risks and waive claims against the United States Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from their participation in a competition, whether such injury, death, damage, or loss arises through negligence or otherwise. For the purposes of this subparagraph, the term `related entity’ means a contractor or subcontractor at any tier, and a supplier, user, customer, cooperating party, grantee, investigator, or detailee.

`(2) Participants must obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss, as determined by the Administrator, from claims by–

`(A) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered participant’s insurance policy and registered participants agreeing to indemnify the Federal Government against third party claims for damages arising from or related to competition activities; and

`(B) the United States Government for damage or loss to Government property resulting from such an activity.

`(g) Intellectual Property- The Federal Government shall not, by virtue of offering or providing a prize under this section, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this section. This subsection shall not be construed to prevent the Administration from negotiating a license for the use of intellectual property developed for a prize competition under this section.

`(h) Judges- For each competition, the Administration, either directly or through a contract under subsection (i), shall assemble a panel of qualified judges from both within and outside the Administration to select the winner or winners of the prize competition on the basis described pursuant to subsection (d). Judges for each competition shall include individuals from the private sector. A judge may not–

`(1) have personal or financial interests in, or be employees, officers, directors, or agents of, any entity that is a registered participant in a competition; or

`(2) have a familial or financial relationship with an individual who is a registered participant.

`(i) Administering the Competition- The Administrator may enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this section.

`(j) Funding- (1) The Administrator may accept funds from other Federal agencies and from the private sector for cash prizes under this section. Such funds shall not increase the amount of a prize after the amount has been announced pursuant to subsection (d). The Administrator may not give any special consideration to any private sector entity in return for a donation.

`(2) Funds appropriated for the program under this section shall remain available until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated. No provision in this section permits obligation or payment of funds in violation of the Anti-Deficiency Act (31 U.S.C. 1341).

`(3) No prize may be announced under subsection (d) until all the funds for that prize have been appropriated or obligated for such purpose by a private sector source.

`(4) No prize competition under this section may offer a prize in an amount greater than $10,000,000 unless 30 days have elapsed after written notice has been provided to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

`(k) Use of NASA Name and Insignia- A registered participant in a competition under this section may use the Administration’s name, initials, or insignia only after prior review and written approval by the Administration.

`(l) Compliance With Existing Law- The Federal Government shall not, by virtue of offering or providing a prize under this section, be responsible for compliance by registered participants in a prize competition with Federal law, including licensing, export control, and nonproliferation laws, and related regulations.’.

SEC. 9. MISCELLANEOUS AMENDMENTS.

(a) Retrocession of Jurisdiction- The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.) is amended by adding at the end of title III the following new section:

`RETROCESSION OF JURISDICTION

`SEC. 316. (a) Notwithstanding any other provision of law, the Administrator may relinquish to a State all or part of the legislative jurisdiction of the United States over lands or interests under the control of the Administrator in that State.

`(b) For purposes of this section, the term `State’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.’.

(b) NASA Scholarships-

(1) AMENDMENTS- Section 9809 of title 5, United States Code, is amended–

(A) in subsection (a)(2) by striking `Act.’ and inserting `Act (42 U.S.C. 1885a or 1885b).’;

(B) in subsection (c) by striking `require.’ and inserting `require to carry out this section.’;

(D) in subsection (g)(2) by striking `Treasurer of the’ and all that follows through `by 3′ and inserting `Treasurer of the United States’.

(2) REPEAL- The Vision 100–Century of Aviation Reauthorization Act is amended by striking section 703 (42 U.S.C. 2473e).

(c) Vehicle Indemnification- Section 309 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 458c) is amended in subsection (f)(1) by striking `December 31, 2002′ through `September 30, 2005′ and inserting, `December 31, 2010, except that the Administrator may extend the termination date to a date not later than September 30, 2015, if the Administrator has entered into an arrangement with the National Academy of Public Administration to determine the impact on private parties and the Federal Government of eliminating this section’.

(d) ISS Cost Cap- Section 202 of the National Aeronautics and Space Administration Authorization Act of 2002 is repealed.

SEC. 10. FOREIGN LAUNCH VEHICLES.

(a) Accord With Space Transportation Policy- The Administration shall not launch a mission on a foreign launch vehicle except in accordance with the Space Transportation Policy announced by the President on December 21, 2004.

(b) Interagency Coordination- The Administration shall not launch a mission on a foreign launch vehicle unless the Administration commenced the interagency coordination required by the Space Transportation Policy announced by the President on December 21, 2004, at least 90 days before entering into a development contract for the mission.

SEC. 11. COORDINATION WITH THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

(a) Coordinating Individuals- For each earth science mission undertaken by the Administration, the Administrator and the Administrator of the National Oceanic and Atmospheric Administration shall each appoint one individual to coordinate activities related to the mission and to make any appropriate plans for the mission making the transition from an Administration mission to a National Oceanic and Atmospheric Administration mission.

(b) Coordination Report- Not later than February 15 of each year, the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator shall jointly transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on how the earth science programs of the National Oceanic and Atmospheric Administration and the Administration will be coordinated during the fiscal year following the fiscal year in which the report is transmitted.

SEC. 12. CHARLES `PETE’ CONRAD ASTRONOMY AWARDS.

(a) Short Title- This section may be cited as the `Charles `Pete’ Conrad Astronomy Awards Act’.

(b) Definitions- For the purposes of this section–

(1) the term `amateur astronomer’ means an individual whose employer does not provide any funding, payment, or compensation to the individual for the observation of asteroids and other celestial bodies, and does not include any individual employed as a professional astronomer;

(2) the term `Minor Planet Center’ means the Minor Planet Center of the Smithsonian Astrophysical Observatory;

(3) the term `near-Earth asteroid’ means an asteroid with a perihelion distance of less than 1.3 Astronomical Units from the Sun; and

(4) the term `Program’ means the Charles `Pete’ Conrad Astronomy Awards Program established under subsection (c).

(1) IN GENERAL- The Administrator shall establish the Charles `Pete’ Conrad Astronomy Awards Program.

(2) AWARDS- The Administrator shall make awards under the Program based on the recommendations of the Minor Planet Center.

(3) AWARD CATEGORIES- The Administrator shall make one annual award, unless there are no eligible discoveries or contributions, for each of the following categories:

(A) The amateur astronomer or group of amateur astronomers who in the preceding calendar year discovered the intrinsically brightest near-Earth asteroid among the near-Earth asteroids that were discovered during that year by amateur astronomers or groups of amateur astronomers.

(B) The amateur astronomer or group of amateur astronomers who made the greatest contribution to the Minor Planet Center’s mission of cataloguing near-Earth asteroids during the preceding year.

(4) AWARD AMOUNT- An award under the Program shall be in the amount of $3,000.

(5) GUIDELINES- (A) No individual who is not a citizen or permanent resident of the United States at the time of his discovery or contribution may receive an award under this section.

(B) The decisions of the Administrator in making awards under this section are final.

SEC. 13. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY.

(a) Short Title- This section may be cited as the `George E. Brown, Jr. Near-Earth Object Survey Act’.

(b) Findings- The Congress makes the following findings:

(1) Near-Earth objects pose a serious and credible threat to humankind, as many scientists believe that a major asteroid or comet was responsible for the mass extinction of the majority of the Earth’s species, including the dinosaurs, nearly 65,000,000 years ago.

(2) Similar objects have struck the Earth or passed through the Earth’s atmosphere several times in the Earth’s history and pose a similar threat in the future.

(3) Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth, and recent discoveries of such large objects indicate that many large near-Earth objects remain undiscovered.

(4) The efforts taken to date by the Administration for detecting and characterizing the hazards of near-Earth objects are not sufficient to fully determine the threat posed by such objects to cause widespread destruction and loss of life.

(c) Definitions- For purposes of this section the term `near-Earth object’ means an asteroid or comet with a perihelion distance of less that 1.3 Astronomical Units from the Sun.

(d) Near-Earth Object Survey-

(1) SURVEY PROGRAM- The Administrator shall plan, develop, and implement a Near-Earth Object Survey program to detect, track, catalogue, and characterize the physical characteristics of near-Earth objects equal to or greater than 100 meters in diameter in order to assess the threat of such near-Earth objects to the Earth. It shall be the goal of the Survey program to achieve 90 percent completion of its near-Earth object catalogue (based on statistically predicted populations of near-Earth objects) within 15 years after the date of enactment of this Act.

(2) AMENDMENTS- Section 102 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is amended–

(A) by redesignating subsection (g) as subsection (h);

(B) by inserting after subsection (f) the following new subsection:

`(g) The Congress declares that the general welfare and security of the United States require that the unique competence of the National Aeronautics and Space Administration be directed to detecting, tracking, cataloguing, and characterizing near-Earth asteroids and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects to the Earth.’; and

(C) in subsection (h), as so redesignated by subparagraph (A) of this paragraph, by striking `and (f)’ and inserting `(f), and (g)’.

(3) ANNUAL REPORT- The Administrator shall transmit to the Congress, not later than February 28 of each of the next 5 years beginning after the date of enactment of this Act, a report that provides the following:

(A) A summary of all activities taken pursuant to paragraph (1) for the previous fiscal year.

(B) A summary of expenditures for all activities pursuant to paragraph (1) for the previous fiscal year.

(4) INITIAL REPORT- The Administrator shall transmit to Congress not later than 1 year after the date of enactment of this Act an initial report that provides the following:

(A) An analysis of possible alternatives that the the Administration may employ to carry out the Survey program, including ground-based and space-based alternatives with technical descriptions.

(B) A recommended option and proposed budget to carry out the Survey program pursuant to the recommended option.

(C) An analysis of possible alternatives that the Administration could employ to divert an object on a likely collision course with Earth.